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aforesaid have from time to time been altered And whereas by the forty-second section of the “Gold Fields Act 1866” it is provided that the Governor may by proclamation in the New Zealand Gazette or in the Gazette of the Province in which any Gold Field is situate proclaim and declare the exceptions to be made from leases and licenses granted under the said Act and also the covenants clauses provisos conditions and agreements applicable to such leases and licenses respectively as he may in like manner from time to time rescind alter or vary the same And whereas by the “Gold Fields Act Amendment Act 1867” it is enacted that within any Province in which by any Act or Ordinance it is provided that the Superintendent shall in the administration of the Government thereof act by and with the advice and consent of an Executive Council it shall be lawful for the Governor in Council under his hand and under the Public Seal of the Colony from time to time as occasion may require to delegate to the Executive Government for the time being of such Province subject or not to any restrictions or limitations as he shall think fit all or any of such powers vested in the Governor or the Governor in Council by the “Gold Fields Act 1866” as under or by virtue of the one hundred and ninth section of the said Act may be delegated by the Governor in Council and in like manner to revoke any such delegation And whereas by an Ordinance of the Superintendent and Provincial Council of the Province of Otago intituled the “Executive Council Ordinance 1861” it is provided that the Superintendent of the said Province shall in the administration of the Government thereof act by and with the advice and consent of an Executive Council And whereas the Governor hath with the advice and consent of the Executive Council of New Zealand and in pursuance of the power and authority for that purpose vested in him by the “Gold Fields Act 1866” and subject to its provisions delegated unto the Executive Government for the time being of the Province of Otago all such powers vested in the Governor or the Governor in Council by the said last-mentioned Act as under or by virtue of the one hundred and ninth section of the said last-mentioned Act may be delegated by the Governor in Council to have hold and exercise the said powers within the said Province of Otago: And whereas by an Order in Council dated the eleventh day of January 1870 and published in the Provincial Government Gazette of the Province of Otago aforesaid (No. 646) of the fourteenth day of January 1870 the Executive Government of the Province of Otago did “adopt” and declare that from and after the date thereof the exceptions thereafter appearing should be made from all Agricultural and Gold Mining leases granted under the said Act and the covenants clauses provisos conditions and agreements applicable to Agricultural and Gold Mining leases respectively: And whereas it is expedient to revise the said Order in Council of the said eleventh day of January 1870 and to make other provisions in lieu thereof: Now therefore His Honor James Macandrew Superintendent of the Province of Otago by and with the advice and consent of the Executive Council of the said Province doth hereby by virtue and in exercise of the powers delegated to the Executive Government of the said Province in this behalf by His Excellency the Governor of New Zealand in Council under the authority of the “Gold Fields Act Amendment Act 1867” and of every other power in anywise enabling the said Executive Government in this behalf hereby revoke the said Order in Council of the said eleventh day of January 1870 and doth hereby proclaim and declare that from and after the day of the date hereof the exceptions next hereinafter appearing shall be made from all Gold Mining leases granted under the said Act And the covenants clauses provisos conditions and agreements next hereinafter appearing shall be applicable to all such leases (that is to say)

(a.) Right of ingress and egress.
Her Majesty the Queen reserves to the Governor of New Zealand and his delegate and to his and their officers and servants the right of ingress egress and regress to from and across the land hereby demised and the mines thereon or thereunder and of granting to any person or persons or to the public such right of ingress egress and regress and of granting to any holder of a miner’s right the privilege of entering on such land for the purpose of cutting water races and tail races and of leading head water or tail water through the same Provided always that all such operations shall be sanctioned by the Warden and due compensation given to the said lessee or lessees his or their heirs executors administrators and assigns.

(b.) Rent in arrear to distrain machinery tools &c.
If the rents dues or duties reserved in this lease shall be in arrear and unpaid for the space of twenty-one days next after any of the days herebefore fixed for payment thereof it shall and may be lawful for the said lessor or any person duly authorised in that behalf to enter upon the premises hereby demised and to distrain the machinery tools buildings or other property of the said lessee or lessees for the time being in or upon any part of the premises hereby demised for or in respect of any such rent dues or duties which ought to have been paid to the lessor or any person duly authorised to receive the same.

(c.) On breach of covenants lease to re-enter and determine lease.
Provided lastly and it is hereby declared and agreed by and between the said parties hereto that in case the said lessee or lessees his or their executors administrators or assigns shall fail or neglect to perform and keep all and every of the covenants conditions or provisions and agreements hereinbefore contained and implied by virtue of the “Gold Fields Act 1866” or of any regulations made under the authority of the said Act governing leases for gold mining within the Province of Otago and which are in force at the time of the execution hereof it shall and may be lawful for the said lessor or any person duly appointed in that behalf forthwith or at any time or times thereafter to enter into and upon the land any premises hereby demised and thereby determine this lease.

And His Honor the said James Macandrew by such Superintendent as aforesaid and by and with the advice and consent aforesaid doth hereby also proclaim and declare that from and after the day of the date hereof the exceptions next hereinafter appearing shall be made from all Gold Mining Leases granted under the said Act And the covenants clauses provisos conditions and agreements next hereinafter appearing shall be applicable to all such leases (that is to say)

(a.) Right of ingress and egress.
Her Majesty the Queen reserves to her Government of New Zealand and all officers and servants thereof the right of ingress egress and regress to and from and across the land hereby demised and the mines thereon or thereunder and of granting to any person or persons or to the public such right of ingress egress and regress and of granting to any holder of a miner’s right the privilege of entering on such land for the purpose of cutting water races or tail races and of leading head water or tail water through the same Provided always that all such operations